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Poster: Mystic550 Date: Jan 6, 2011 4:50pm
Forum: feature_films Subject: Re: At Sea

A few more GATT questions?

Would GATT restore copyright in a film that was never registered in the U.S.?

Would GATT restore copyright in a film that was never released in the U.S.?

Would GATT restore the copyright if copyright notice is left off the print or improper notice?

Thanks

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 6, 2011 7:00pm
Forum: feature_films Subject: Re: At Sea

A few more GATT questions?

Would GATT restore copyright in a film that was never registered in the U.S.?

Yes, as long as the work qualified for restoration:

1 Be under copyright in its source country at 1 Jan 1996
AND
2 Lost its copyright in the US due to non-compliance with formailties (notice, renewal, etc)
AND
3 Have an author who was a citizen or domicile (permanent resident) of the source country at time of publication
AND
4 Have not been first published in the US or published in the US within 30 days of its publication in the source country
(USC 17 104.A.6)

Would GATT restore copyright in a film that was never released in the U.S.?

Didn't need to. The work was already treated as an unpublished work for US copyright purposes (pretected for 120 years from creation of 95 years from subsequent publication, whichever comes first.)

Would GATT restore the copyright if copyright notice is left off the print or improper notice?

Yes, as long as it met the other requirements above.

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Poster: Mystic550 Date: Jan 7, 2011 12:45am
Forum: feature_films Subject: Re: At Sea

Thanks for the info and the clarification. Looking at the GATT circular I have one other question. One of the four requirements listed for eligibility of restoration is:

1. At the time the work was created, at least one author (or
rightholder in the case of a sound recording) must have
been a national or domiciliary of an eligible source country.

An eligible source country is a country, other than the
United States, that is a member of the WTO, a member
of the Berne Convention for the Protection of Literary
and Artistic Works, or subject to a presidential proclamation
restoring U.S. copyright protection to works of that
country on the basis of reciprocal treatment of the works
of U.S. nationals or domiciliaries.

Notes:

5. Although a country can become a source country through a presidential proclamation, only one such proclamation has been issued to date. That proclamation has to do with Vietnam.

So if I am reading and understanding that correctly only films released after the country joined Berne or WTO would be eligible for GATT.

For example Mexico did not join the Berne convention until June 11, 1967 and Trips (WTO) until January 1, 1995.

Is it a correct statement to say that films from Mexico before June 11, 1967 are not eligible for GATT based on the eligible source country criteria?

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 7, 2011 1:14am
Forum: feature_films Subject: Re: At Sea

I would guess that because the membership of Berne and WTO is in the present tense it only mattered wether they were a member at the restoration date. After joining these treaties, parties are generally supposed to respect all copyrights in existance in party countries. Including the ones that commenced prior to joining the treaty.

This post was modified by Video-Cellar on 2011-01-07 09:14:57

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Poster: Mystic550 Date: Jan 7, 2011 1:28pm
Forum: feature_films Subject: Re: At Sea

Looking at the first paragraph though it looks like past tense.

At the time the work was created,
at least one author (or rightholder in the case of a sound recording) must have been a national or domiciliary of an eligible source country.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 7, 2011 4:15pm
Forum: feature_films Subject: Re: At Sea

But to be an "eligible source country" they only had to currently be a member of Berne or WTO (the definition is in the present tense). The law is saying that any work that is from any country that is a member of those treaty organisations on 1 jan 1996 that meets the other criteria is restored. And that any works from any country that joins the treaty organisation at a later date can be restored under presidential proclamation.

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Poster: Mystic550 Date: Jan 7, 2011 6:38pm
Forum: feature_films Subject: Re: At Sea

Ok I think I understand it now. It is just saying that they had to be a national of that country and eligible source country is determined by whether they were a member on 01/01/1996 for GATT. For presidential proclamation the circular does state in the footnotes that the only country that has received that is Vietnam.

So if any country other than Vietnam was not a member of Berne or WTO on 01/01/1996 then they don't qualify for GATT.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 7, 2011 7:19pm
Forum: feature_films Subject: Re: At Sea

Yes thats right. GATT doesn't apply to countries that aren't members of the treaties, weren't members on 1 Jan 1996, or have since become members but weren't proclaimed as elegible countries.

This post was modified by Video-Cellar on 2011-01-08 03:19:32

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Poster: billbarstad Date: Jan 6, 2011 6:37pm
Forum: feature_films Subject: Re: At Sea

I believe the answer to all three questions is yes. The person to ask for certain is Video-Cellar.